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1990-685 .. HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 90-685 AN ORDINANCE AMENDING SECTION 605 OF THE HOPKINS CITY CODE IN REGARD TO SOLID WASTE MANAGEMENT BE IT ORDAINED by the council of the city of Hopkins as follows: section 1. That section 605.00 through 605.05 of the Hopkins city Code be amended as follows: Section 605 - Sar5a~eT-R~55*SftT-aftd-~*~~er Solid Waste Manaqement 605.01. Definitions. Subdivision 1. For purposes of this section the terms defined in this subsection have the meanings given them. Subd. 4. "Authorized Res*deft~*a:l: Waste Receptacle" means an authorized waste container used to store res*deft~*a:l: waste until the time of collection. (a) within the City Service Area the authorized residential waste receptacle shall be a plastic rollout refuse container, provided by the City, which is compatible with the City's fully automated trucks and crimping mechanisms. (b) For non-City service Areas which receive individual container collection service, the authorized res*deft~*a:l: waste receptacle shall be a container made of metal or other weather tight, rodent proof material with a tight fitting cover and shall be of a size and capacity acceptable to the refuse collector licensed to empty the container. (c) For non-City Service Areas which receive centralized dumpster collection service, the authorized res*deft~*a:l: waste receptacle shall be a container made of metal or other weather tight, rodent proof material with a tight fitting lid. Subd. 11. "Dwellinq Unit" means a residential accommodation includinq complete kitchen facilities permanently installed which are arranqed. desiqned. used or intended for use exclusivelY as livinq quarters for one familY and not more than an aqqreqate of two roomers or boarders. Subd. 17. "Institutional Buildinq" includes private. and means public or private schools. synaqoques. nursinq homes. daycare facilities. hospitals and similar establishments. publ ic and churches. colleqes. Subd. 33. "Tree Waste" means parts of qrown trees which are qreater than one inch in diameter and pruninqs. Subd. 34. "Unacceptable Waste" includes but is not limited to the followinq: asbestos: ash: cesspool and other human waste: demolition or other construction debris: explosives: foundry sand: hazardous materials includinq explosives: Hazardous Waste: human or animal remains: liquid waste: lead acid batteries: maior appliances: maior parts of machinery. vehicles and equipment: Medical Waste: mininq waste: used oils. crank case oils. cuttinq oils: radioactive materials: sludqe: sewaqe: street sweepinqs: tires: transformers. 605.02 Mixed Municipal Solid Waste Collection and Disposal Services. Subd. 2. Preparation of Non-Recyclable Materials M*xed M~ft*e*~a:l:-Se:l:*d-Was~e. at Refuse. The owner or occupant of any residential dwelling, multiple-familY dwellinq, commercial building or institutional buildinq and any other person having refuse as herein defined shall keep on such premises sufficient authorized waste receptacles for storage of refuse accumulating on the premises between disposal and collection. All garbage accumulating between the times of collection shall first be wrapped, or bagged in paper or plastic, or other similar material and then placed in an authorized receptacle. A:I::I:-<<~~:ffise sfta:l::I:---i-i-K~~--:be--~'Y--~~--_ifl---eu't:1'wr-i:-2ed---was~e reee~~ae:l:es--~-~~~~~--~--~--~~ies7--~~~--aftd ~reeed~res-ade~~ed-~-~~~~~~r-~-~-~~~~ra~~ve-Pe:l:*ey Maft~ab. ----------5t--Reey~6~es7--~;r~~~~~~y-Se~~ee-Area may-~~-~~~-ma~e~-iais--~~m-~~-~~~-m~ft*e*~a:l: !le:l:*d-wa!l~e--fei!'--eei-l-eet-i~-by--Er~r~~:l'-i-2-ed--b-y-~fte-e*~y ';'----p.~Z"'-~i-cn--~--t-he--~ei'dN-e--!lI6~e~-:i6-is--w-ii:l:--5e de~erm*fted--by--~-~~ies7--requi-ft't:-~-aftel:-~ti~-~-5Y ~fte-e*~y-ee~fte*:I:-*ft-~fte-~eg*s:l:a~*ve-Pe:l:*ey-Maft~a:l:,;, ----------et---~aPd-W6~~_e_~-Br~sft';'---%~-~_i--be-_t~~~-e~ ~er!lefts _ w_:i -th_:it\--t~-e-i-Cy--seZ"'V'i:ee- -Area - !lI6y-~e-~er>a~6~e- -yM'd--wtts't-e aftd-~tish-~~~-m~~-m~ft*e*~a:l:-~-i~~-~Z"'-ee:l::l:ee~*eft by-~fte-e*~y,;,--Pre~er-~re~ara~*eft-e!-~fte-yard-was~e-aftd-br~!lft-w*:I::I: be-de~erm*fted-by-~fte-r~:l:e!lT-re~~:l:a~*efts-aftd-~reeed~res-ade~~ed-5Y ~fte-e*~y-ee~fte*:I:-*ft-~fte-~e~*!I:l:a~*ve-Pe:l:*ey-Maft~a:l:,;, Subd. 3. Separation of Recvclable materials a) It shall be the duty of every owner or occupant of a residential dwellinq(s) havinq recyclable materials which accumulate on the premises to separate recyclable materials from refuse. place the recyclable materials in a city approved container and set the recyclable materials out for collection in a manner that is desiqnated bv the City. b) Effective Januarv 1. 1991 for Multiple-familv dwellinq(s) and effective Julv 1. 1991 for commercial buildinqs. and institutional buildinq(s) it shall be the duty of each owner and occupant of said properties havinq recyclable materials which accumulate on the premises to separate recyclable materials from refuse and provide for the collection of recyclable materials in authorized waste receptacles usinq methods aqreed to bv the owner and licensed hauler of choice. c) Yard Waste-aftd-Br~sft,;, It shall be the duty of persons within the City Service Area may to separate yard waste and brush from their mixed municipal solid waste for collection by the City or authorized contractor. Proper preparation of the yard waste and brush will be determined by the rules, regulations and procedures that are desiqnated bv the city. Yard Waste disposal in the Non-citv Service Area shall be in accordance with Minnesota Statutes Section 115A.931. -ade~~ed-bY-~fte-ei~y-ee~fte*:I:-*ft-~fte-~eg*s:l:a~*ve-Pe:l:*ey-Maft~a:l:,;, d) Brush and Tree Waste. It shall be the duty of every owner or occupant of residential dwellinq(s). multiple- familY dwellinq(s). commercial and institutional buildinq(s) to separate brush and tree waste from their mixed municipal solid waste bv the rules. requlations and procedures that are desiqnated bv the City. 605.03 Prohibitions. Subd. 1. B~me*fter-~i:b-~ Unauthorized dumpinq. The dumping, depositing, placing or abandoning of any rubbish, hazardous waste, problem materials, yard waste, junk, junk cars or parts thereof, animal waste or remains, or any other refuse on any private or public property, except the lawful storage of such materials in authorized waste receptacles as permitted by Chapter 605, is prohibited. 605.05. Penal ties . Subdivision 1. It is unlawful for any person to violate any provision or fail to comply with any order or regulation made in this section. Any such violation or failure shall constitute a misdemeanor and upon conviction thereof may be punished by a fine of not more than $700 and imprisonment for a term not to exceed 90 days, or both. Each act of a violation and every day on which a violation occurs or continues is a separate violation. Any penalty imposed for a violation of this section shall be remedied within a reasonable time. Each day that such violation is permitted to exist shall constitute a separate offense. The application of the above penalties will not prevent the enforced removal of the prohibited condition pursuant to the law or this code. . . Subd. 2. Effective Januarv 1. 1992 a violation of any provision of section 605.02 Subd. 3. shall result in a $25.00 penalty for each owner or occupant of a residential dwellinq(s) and a $100.00 penalty for each owner or occupant of a multiple- familY dwellinq(s). commercial or institutional buildinq(s). A violator shall be qiven a written warninq for the initial violation. A penalty shall be imposed for each subsequent violation. Penalties that remain unpaid for more than 30 days shall be charqed to the utility account of the violator. Anv penalty that is placed on a utility account may be an assessment aqainst the violator's property. Such amount shall be certified to the county auditor and collected in the same manner as taxes and/or special assessments aqainst the premises and may be subiect to a civil action initiated bv the city. The fifth and each succeedinq violation of sections 605.02 Subd. 3.. of this Article shall be a misdemeanor. Each day durinq which the violation continues shall constitute a separate offense. First Reading: Second Reading: Date of Publication: August 7, 1990 August 21, 1990 August 29, 1990 Date Ordinance Takes Effect: September 18, 1990 Mayor Attest: La~ ~ City Clerk